Pennsylvania--Laws Relating to Pregnancy

Pennsylvania--Laws Relating to Pregnancy

PENNSYLVANIA

[Return to Interactive Map]

Prohibitions against Pregnancy Discrimination

It is an unlawful employment practice for an employer to discriminate based on sex, which includes discrimination based on pregnancy.

*Applies to public employers and any person employing four or more persons; “employee” excludes  any individual employed in agriculture or in the domestic service of any person, individuals who, as a part of their employment, reside in the personal residence of the employer, and any individual employed by said individual's parents, spouse or child.

For the text of the statute, click here.[1] For more information, click here.[2]

Pregnancy Accommodation

Pennsylvania does not provide additional protections to the federal law.

Pregnancy-related Disability Accommodation

Pennsylvania does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

A woman may breastfeed her child in any location where the mother is authorized to be. It is unclear whether this authorization extends to a woman’s place of employment.

For the text of the statute, click here.[3]

Family and Childcare Leave Laws

Leave and accrual of benefits must be applied to a pregnancy-related disability on the same terms and conditions as they apply to other disabilities.

For more information, click here.[4]

State workers meeting FMLA requirements are entitled to six months of parental leave and six months of disability leave following the birth or adoption of a child, regardless of hours worked.

For more information, click here.[5]

State workers meeting FMLA requirements are eligible for up to six months of leave to care for a family member with a serious health condition, including a pregnancy-related disability. Other permanent workers who have been employed for one year are eligible for 12 weeks of such leave.

For more information, click here.[6]

PHILADELPHIA

Prohibitions Against Pregnancy Discrimination

It is an unlawful unemployment practice to deny or interfere with an individual’s employment opportunities on the basis of pregnancy, childbirth, or a related medical condition.

To read the full text of the statute, click here.

Pregnancy Accommodation

It is an unlawful discriminatory practice for an employer to fail to reasonably accommodate the needs of an employee that stem from pregnancy, childbirth or a related medical condition. The employee must request the accommodation. Examples of a reasonable accommodation include, but are not limited to, restroom breaks, period rest for those whose job requires them to stand for lengthy periods of time, assistance with manual labor, leave for a period of disability in the wake of childbirth, transfer to a vacant position, and job restructuring.

To read the full text of the statute, click here.

 

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

Copyright 2013 Legal Momentum



[1] 43 Pa. Stat. Ann. § 955

[2] Gallo v. John Powell Chevrolet, Inc., 765 F. Supp. 198, 209 (M.D. Pa. 1991).

[4] See 35 Pa. Stat. § 635.1

[5] Commonwealth of Pennsylvania, Governor’s Office Management Directive 530.2(3)(e) (2007)

[6] Id.

Contact Us

OFFICES

16 East 34th Street, 6th Floor

New York, NY 10016

(212) 925-6635

HelpLine: 212-925-6635 ext. 650

NOTE: We do not take walk-in requests for assistance.
You must make an appointment in advance.

E-MAIL

Request Help: peo@legalmomentum.org

Media Inquiries: pressinfo@legalmomentum.org

Donations and Events: friends@legalmomentum.org

Website Issues/Other Inquiries: info@legalmomentum.org

Sign up for news & action alerts.